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WELLS v. KANSAS CITY LIFE INS. CO.

No. 172.

46 F.Supp. 754 (1942)

WELLS v. KANSAS CITY LIFE INS. CO.

District Court, D. North Dakota, S.E. D.

August 3, 1942.

Attorney(s) appearing for the Case

E. T. Conmy and Conmy & Conmy, all of Fargo, N. D., for plaintiff.

Howard G. Fuller and J. M. Powers, both of Fargo, N. D. (Joseph R. Stewart, of Kansas City, Mo., of counsel), for defendant.

VOGEL, District Judge.

This case was tried to the Court without a jury. The facts necessary to a determination of the points in issue are briefly as follows:

On or about May 11, 1929, Ned Wells executed at Colby, Kansas, an application for a life insurance policy with the defendant Company, the application being received by W. C. Jones, General Agent for the defendant. In lieu of the first year's premium of $134.15, Jones accepted from Wells a promissory note...

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